CANDIDATE PRIVACY NOTICE
For those seeking registration with the NI Substitute Teachers Register
The Education Authority (‘EA’) manages registrations to the NI Substitute Teacher’s Register (‘NISTR’) on behalf of employers in the NI education sector and is therefore the data controller of the personal information you provide to us as an individual seeking to register on NISTR as a substitute teacher.
This means the EA determines the purposes for which and the manner in which any personal information relating to a substitute teacher’s NISTR registration generally is processed. We are required under the UK General Data Protection Regulation (UK GDPR) to notify you of the information contained in this privacy notice. This privacy notice describes how we collect and use personal information during the registration process and afterwards in accordance with the UK GDPR. It applies to all substitute teachers who complete NISTR registration. This notice does not form part of any contract. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.
It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the UK GDPR.
If you have any questions about this privacy notice or how we handle personal information, please contact our Data Protection Officer (DPO) who monitors the EA’s data protection procedures to ensure they meet the standards and requirements of the UK GDPR. The DPO can be contacted at the Education Authority, 40 Academy Street, Belfast, BT1 2NQ, by telephone at 028 8241 1300 or by email at [email protected].
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues. The ICO’s details are as follows:
Information Commissioner’s Office – Northern Ireland
14 Cromac Place,
Telephone: 028 9027 8757 / 0303 123 1114
Email: [email protected]
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about candidates through the registration process, either directly from candidates or sometimes from a background check provider. We may sometimes collect additional information from third parties including former employers or background check agencies.
We will collect additional personal information in the course of job-related activities throughout the period of you remaining registered with NISTR as a substitute teacher.
If you fail to provide certain information when requested, we may not be able to process your registration or facilitate your continued registration with NISTR or we may be prevented from complying with our legal obligations.
WHAT PERSONAL INFORMATION DO WE COLLECT, STORE AND USE ABOUT YOU
We collect, hold and use the following types of personal information:
- Personal information (such as name, title, employment history, national insurance number, contact information, photographs, qualifications/training (including academic, vocational and professional qualifications and driving licenses where appropriate), referees’ names and contact details.
- Publicly available information about you, such as your business social media presence.
- Pre-registration check information, including references and verification of qualifications
- Right to work checks and related documents.
- Information about your NISTR engagements (such as start dates, hours worked, school and post).
WHY DO WE COLLECT AND USE THIS INFORMATION?
EA collects and uses your personal information primarily to allow us to complete your NISTR registration which enables you to work and be paid as a substitute teacher in Northern Ireland. For example:
- We need it to comply with a legal obligation (legal obligation) i.e. the obligation not to employ someone who does not have the right to work in the UK.
- Information on your bookings is shared with the Department of Education (NI) for the purpose of paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs) and for enrolling you in a pension arrangement in accordance with statutory automatic enrolment duties.
- Business management and planning, including accounting and auditing.
- Making decisions about your continued registration and making arrangements for the termination of your NISTR registration.
- Dealing with legal disputes involving you, or other employees, workers or contractors, including accidents at work
- Ascertaining your fitness to work
- Processing your registration and corresponding with you about it.
- Determining the terms on which you may ultimately work.
- Assessing skills, experience, qualifications and training for a particular job or task.
- To enable us to make reasonable adjustments for candidates with disabilities to work as a substitute teacher.
- To keep appropriate records of your NISTR bookings.
- We may also collect and use your personal information in order to meet legal requirements set out in the General Data Protection Regulation and UK law, including:
- Education and Libraries (NI) Order 1986
- Education (NI) Order 1998
- Education Act (NI) 2014
- It is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (legitimate interests). For example, it is in our legitimate interests to review and consider your personal information (as listed above) so that the most appropriate teacher can be selected for the engagement.
Special category information is usually more sensitive data and as such, we need to have an additional legal ground (as well as the legal grounds set out above) to collect, hold and use it. The additional legal grounds that we rely on to collect, hold and use your special category information are explained below for each type of special category information:
- Information relevant to any request by you for adjustments to your engagement as a result of an underlying medical condition or disability. We use this information to enable us to carry out a fair, non-discriminatory process by considering / making reasonable adjustments to our process as appropriate. Our additional legal ground for using this information is that we need it to comply with a legal obligation / exercise a legal right in relation to employment, namely the obligation not to discriminate and to make reasonable adjustments where legally obligated to do so. Such use is in line with our Data Protection Policy and our Special Category Data Information Policy.
- Information about your health in a pre-employment health questionnaire and /or examination as well as any information about underlying medical conditions and adjustments that you have brought to our attention. We use this information to assess whether you are fit to undertake engagement as a substitute teacher with adjustments, to consider / arrange suitable adjustments and to comply with health and safety requirements. Our additional legal ground for using this information is that we need it to comply with a legal obligation / exercise a legal right in relation to employment, namely the obligation to make reasonable adjustments to accommodate a disability - such use is in line with our Data Protection Policy and our Special Category Data Information Policy, and it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
- As substitute teachers are engaged in Regulated Activity we will request criminal records checks from Access NI. We use this information to assess your suitability to work as a substitute teacher and verify information provided by you. Our additional legal ground for using this information is that we need it to comply with a legal obligation / exercise a legal right in relation to employment, namely the obligation to undertake an enhanced Access NI disclosure check including a barred list check to assess your suitability to work in Regulated Activity. Such use is in line with our Data Protection Policy and our Criminal Records Information Policy.
Whilst the majority of the personal information you provide to the EA is required for us to comply with our legal obligations, some of that information is provided on a voluntary basis. When collecting personal information, we will inform you whether you are required to provide this information or if your consent is needed. Where consent is required, we will provide you with specific and explicit information with regards to the reasons the data is being collected and how the data will be used. You have the right to withdraw your consent for that specific processing at any time.
To withdraw your consent, please contact our Data Protection Officer using the contact details stated above. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose you originally agreed to, unless we have another legitimate basis for doing so in law.
HOW LONG IS YOUR PERSONAL INFORMATION STORED FOR?
Personal information relating to NISTR registrants is stored in line with the Public Record Office (NI) record management good practice guidance and our retention and disposal of records schedule. If you would like further information, please contact the DPO using the contact details above.
Once you are no longer a NISTR registered substitute teacher we will retain and securely destroy your personal information in accordance with the Public Record Office (NI) record management good practice guidance and our retention and disposal of records schedule.
We have put in place appropriate security measures to prevent personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a need to know. They will only process personal information on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator (currently the Information Commissioner’s Office) of a suspected breach where we are legally required to do so.
WHO WE SHARE EDUCATION AUTHORITY CANDIDATE INFORMATION WITH
We may have to share your data with third parties, including third-party service providers and other bodies such as:
- Schools, including the Board of Governors
- The Department of Education
- Northern Ireland Substitute Teacher Register Operator (E-Teach)
- Occupational Health Providers
- Council for Catholic Maintained Schools
- Comhairle na Gaelscolaíochta
- General Teaching Council for Northern Ireland
- Education Training Inspectorate
- The Labour Relations Agency
- Trade Unions and their representatives
- Northern Ireland Social Care Council
- Internal and external providers of legal/professional services
- Home Office
- Equality Commission
- Northern Ireland Audit Office
- Capita Managed IT Solutions
WHY WE SHARE EDUCATION AUTHORITY CANDIDATE INFORMATION
We will share your personal information with third parties where required by law or where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. Special category or criminal record information is more sensitive data and as such, we need to have an additional legal ground to share this type of information (e.g. the sharing is necessary for the parties to exercise statutory functions and there is a substantial public interest in doing so). To be granted access to your information, organisations must comply with EA’s strict terms and conditions covering the confidentiality and handling of the personal information, security arrangements and retention and use of the personal information.
If you give us details of referees, we require you to inform them what personal information of theirs you are giving to us. You must also give them our contact details and let them know that they should contact us if they have any queries about how we will use their personal information.
TRANSFERRING INFORMATION OUTSIDE THE UK
We will not transfer the personal information we collect about you to any country outside the UK without telling you in advance that we intend to do so and what steps we have taken to ensure adequate protection for your personal information in those circumstances.
YOUR DUTY TO INFORM US OF CHANGES
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period of your NISTR registration.
YOUR RIGHTS OF ACCESS, CORRECTION, ERASURE AND RETENTION
Under UK GDPR, you have the right to request access to information about you that we hold. To make a request for your personal information, contact the DPO using the contact details stated above.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it. You also have the right to:
- Request access to personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
HOW TO CONTACT US
Education Authority, Ballee Centre
Ballee Road West, Ballymena, BT42 2HS
Email: [email protected]
Telephone: 028 9056 6256